Medical marijuana Archives - Florida Politics

Cities face ‘all or nothing’ choices on medical marijuana

Florida cities and counties are in a dilemma about pot.

State lawmakers approved regulations in June that left city and county officials with a Hobson’s choice about the sale of medical marijuana in their communities.

Local governments can either impose outright bans on medical-marijuana dispensaries or allow unlimited numbers of marijuana retail outlets, under an “all or nothing” approach approved during a special legislative session.

Dozens of cities have approved or are considering temporary moratoriums on medical-marijuana dispensaries, but it’s unknown exactly how many local governments have acted on the issue, because nobody – including state health officials – is officially keeping track.

Marijuana operators’ search for retail space has bloomed after voters overwhelmingly approved a constitutional amendment in November that legalized marijuana for a broad swath of patients with debilitating medical conditions.

The scramble for retail outlets is expected to intensify as the number of marijuana operators continues to increase, and as local governments seek ways to restrain the sales of cannabis in their communities, at least for now.

As another result of the legislation approved during the June special session, state health officials recently authorized five new medical marijuana operations, on top of the seven businesses already active in the state. Five more are supposed to come online in October.

Nearly 72 percent of voters approved the constitutional amendment last fall, making it difficult for local officials to close the door completely on the sale of medical cannabis.

But while saying they respect the will of voters, many local officials also want the power to regulate the number of dispensaries, and where the businesses can be sited, something that’s essentially off the table in the new state law, which requires local governments to treat medical marijuana distribution centers in the same way pharmacies are handled.

Most cities and counties don’t have special regulations regarding pharmacies, but instead treat them like other retail, or “light commercial,” businesses.

While some communities contemplate new zoning rules for pharmacies, a move that also could curb the development of marijuana dispensaries, others are focused on the cannabis retail outlets.

For example, St. Augustine Beach commissioners last week approved a moratorium barring medical-marijuana dispensaries from opening in the waterfront community.

“I think the main reason was just wanting to see how the situation is going to shake out and what sort of problems might occur with the sales of this stuff. There was no particular anxiety over it, but I think it’s a fear of the unknown,” said Jim Wilson, a lawyer who represents the city. “We’re a small community, and we’d rather see how this works elsewhere before we connect into it. It may work out fine later on.”

But Sen. Rob Bradley, who has been a key player in the creation and passage of the state’s medical-marijuana laws the past three years, said the new regulations were meant to encourage competition in the state’s burgeoning marijuana industry.

“I would encourage our local partners to see the bigger picture here. We are bringing online several new licenses over the next year-and-a-half. It’s important for the long-term future of the medical marijuana industry that we have real competition among not only the incumbents but the new license holders,” Bradley, a Fleming Island Republican and former prosecutor, said in a recent interview. “If local governments were allowed at this point in time to restrict in their communities the number of dispensaries to only one or two or three, that would provide an unacceptable advantage to the incumbents.”

Regarding local officials’ fears about what are disparagingly known as “pot shops,” Bradley said he thinks they may be uninformed.

“When I see some of the comments from local officials, I’m not sure that they’ve read the details of the law. We have strict limitations on advertising and signage, and all of these dispensaries are required to have a doctor’s office feel,” he said.

The new restrictions imposed by the Legislature, paired with a push by marijuana operators to open retail facilities, create “an awkward situation for a lot of cities,” said John Wayne Smith, a lobbyist who represents numerous cities and counties as well as the Florida League of Cities and the Florida Association of Counties.

While local governments are largely focused on budget issues during the summer, they may turn their attention to medical marijuana later in the year, Smith predicted.

Others may wait for the Legislature to revamp the state law.

“I would say that it’s probably half-baked and this is probably an issue that is going to evolve and get tweaked over the next five to 10 years,” Smith said.

But the passage of the state-imposed prohibition on local governments’ ability to limit the number of retail outlets poses a problem for cities like Lake Worth, which authorized two medical marijuana dispensaries before approving a moratorium aimed at preventing others from opening.

It’s unclear, however, whether the new state law will require the city to open its doors to more dispensaries, an issue on which municipal lawyers are divided.

“By doing a nothing or all, and because we already have two, this is what you’ve done to my city. Everyone around me has a moratorium, but you’ve now told my city it’s a free-for-all,” Lake Worth City Commissioner Andy Amoroso told The News Service of Florida.

Amoroso stressed that he supports legalization of recreational marijuana and endorses the use of medical marijuana for sick patients. But he also emphasized that the state law “jeopardizes what our cities look like.”

Lake Worth is surrounded by other communities that have banned the sales of medical marijuana, meaning that retailers will likely target his city, Amoroso maintained.

Lake Worth officials need “to be able to control” what their 7-square-mile city “looks like,” Amoroso said.

“If I have medical marijuana on every corner, I can’t do that,” he said.

But Orlando city attorney Kyle Shephard said he believes a moratorium recently passed by his commission will allow the city to stop any more medical-marijuana retail shops from opening.

“Every city attorney may answer this differently, depending on their own local situation,” Shepard told the News Service.

Orlando adopted its ordinance allowing up to seven medical marijuana dispensaries before the state law (SB 8-A) was passed, Shepard said. The city believes that means its ordinance won’t be affected by the new law.

“If you didn’t get your rules on the books before SB 8 went into effect at the end of June, then you are sort of hamstrung,” Shepard said.

Orange Park council members recently advanced an ordinance that would prohibit pharmacies from opening in “light” commercial areas – something that wouldn’t affect any of the drug stores currently in operation, according to Mayor Scott Land.

The town council approved the new regulation in response to the state law, which the mayor called “an all or nothing, almost.”

“So instead of doing the all, a lot of people are going to probably choose the nothing,” he said. “I think it’s going to make it difficult for the dispensaries.”

Republished with permission of the News Service of Florida.

State issues more medical marijuana licenses

Two more medical-marijuana businesses have joined seven already licensed by the state, and another three are in the works, as the potentially lucrative industry continues to develop.

The Florida Department of Health this week issued licenses to Tornello Landscape, also known as “3 Boys Farm,” and Plants of Ruskin, both based in Ruskin. Licenses for Jacksonville-based Loop’s Nursery and Greenhouses, Eustis-based Treadwell Nursery and Arcadia-based Sun Bulb Nurseries are in progress, according to department spokeswoman Mara Gambineri.

The new licenses are the result of a law approved by the Legislature during a June special session to carry out a constitutional amendment that legalized medical marijuana for a broad swath of patients with debilitating conditions. Voters overwhelmingly approved the constitutional amendment in November.

Florida lawmakers in 2014 legalized usage of non-euphoric cannabis, touching off legal and administrative battles as companies sought a limited number of licenses in five different regions of the state. The low-THC treatment approved in 2014 paved the way for the full-strength marijuana laws now on the books.

The law approved during the June special session required health officials to issue additional licenses – on top of the state’s seven current marijuana operators – and included criteria. Licenses would be issued to businesses whose applications were reviewed and scored by the Department of Health and who were denied licenses, or who had one or more administrative or judicial challenges pending as of January. The law also required health officials to issue licenses to applicants who had a ranking of within one point of the highest applicants in their regions.

The licenses issued Monday by health officials bring to nine the number of marijuana operators in the state, which could be home to as many as 500,000 patients under the constitutional amendment.

In addition to the two newly issued licenses and the three that are in progress, the new law gives health officials until Oct. 1 to issue five more licenses. The law includes a controversial element instructing health officials to give special preference for licenses to applicants that “own one or more facilities that are, or were, used for the canning, concentrating, or otherwise processing of citrus fruit or citrus molasses.”

Earlier this year, an administrative law judge recommended that 3 Boys Farm and Plants of Ruskin each be given licenses, after excoriating the state for relying on what Judge John Van Laningham found was a faulty system to determine which applicants should be selected.

Van Laningham in May called for the state to issue licenses to both nurseries, which had challenged health officials’ decisions regarding an initial five medical marijuana licenses granted nearly two years ago.

3 Boys Farm already produces organic herbs, vegetables and fruit, company president Robert Tornello said in a news release after receiving the state’s approval to grow, process and dispense medical marijuana.

“This organic product is not available from other producers,” Tornello said. “Our team members’ experience and credentials, coupled with their deep knowledge of, and passion for, cannabinoid science, will bring the proven medical benefits of this wonderful plant to those who need it most.”

Loop’s, meanwhile, lost an administrative challenge last year, after Administrative Law Judge Bruce McKibben found that the Jacksonville grower failed to prove its application was superior to its competitors in the Northeast Florida region.

Loop’s had been considered a front-runner in the contest for a license, and part of the Jacksonville nursery’s case hinged on the grower’s exclusive relationship with CWB Holdings, headed by Joel Stanley.

The Colorado-based company owns the rights to “Charlotte’s Web,” a substance whose name has become synonymous with the low-THC, high-CBD treatments believed to eliminate or drastically reduce life-threatening seizures in children with severe epilepsy.

Republished with permission of the News Service of Florida.

Once a quick lube shop, now a marijuana dispensary

Arising from the shell of a former Super-Lube, Miami-based Knox Medical Thursday opened its first medical marijuana dispensary in the state’s capital.

Bruce Knox

When asked why he opened on a busy Midtown Tallahassee corner, sandwiched between two older residential neighborhoods, co-founder Bruce Knox mentioned the site’s “access and visibility.”

“This is a great location to serve the residents of Tallahassee,” he said during a media preview of the new dispensary.

Lesson one: Even in the retail medical marijuana business, it’s all about location, location, location. The store expected to open its doors for business by noon, Knox said.

Scott Klenet, the company’s PR man, later explained they get “walk-ins” at their other stores, people who ask about marijuana treatment and whether they’re eligible. “Our staff is trained to answer those kinds of questions,” he said.

Other stores are in Gainesville and Orlando, with more planned for Lake Worth, Jacksonville and St. Petersburg.

Knox’s Tallahassee store is far removed from the grease and grime of its predecessor, with an all-white exterior and wood-accented walls in the patient areas.

Mark Batievsky, the retail operations director, said they’re aiming for the “best retail customer experience.” That translates down to the staff uniforms, including identical black polos and Vans shoes.

Patients first walk into a “veranda” area, with a frosted-glass partition separating it from the “atrium.” That’s the patients-only area with display cases and cash registers.

Also on hand was Dr. J. Lucas Koberda, a Tallahassee neurologist who specializes in epilepsy. “For those who deny marijuana(‘s usefulness as a drug), it is easiest to point them to research that says otherwise,” he said. “I look at hard data.”

When medical marijuana was first OK’d by Florida lawmakers in 2014, the measure addressed only low-THC, or “non-euphoric,” marijuana to help children with severe seizures and muscle spasms. THC is the chemical that causes the high from pot.

Since then, state voters approved a constitutional amendment on medicinal cannabis last year. Lawmakers passed and Gov. Rick Scott also signed an implementing bill, passed during a recent Special Session. It gives guidance and instructions to state agencies on how to enforce state law.

Knox Medical is the retail arm of Winter Garden’s Knox Nursery, one of the first growers to be licensed under the state’s old system. The first medical cannabis store in the state, which also happens to be in Tallahassee, was opened by Trulieve.

Medical marijuana grower wants in on challenge to pot law

A medical marijuana nursery is asking a Tallahassee judge to allow it to step in on a case over the state’s new law governing the drug.

Canadian-based DFMMJ Investments, which inked a deal to take over operations of Chestnut Hill Tree Farm, filed a “motion to intervene” earlier this week with Circuit Judge Karen Gievers.

Sarasota’s TropiFlora is asking the courts to delay the issuance of one of 10 “medical marijuana treatment center” (MMTC) licenses. The nursery has said the department “wrongfully refused” to consider its license application.

When the state’s Office of Medical Marijuana Use in the Department of Health approves the transfer of Chestnut Hill’s growing and operating license to DFMMJ, it will then “take over full ownership,” its filing explains.

DFMMJ is partly owned by Aphria, a Canadian “producer of medical cannabis products,” according to its website.

The company, represented by Tallahassee’s Lockwood Law Firm, is concerned that “any proposed stay, however limited, may interfere with the pending transfer” of the license.

Dockets show Gievers has not yet acted on the motion or the requested stay.

Tropiflora’s attorney, Brian O. Finnerty of Tallahassee, said in an email that “entities such as TropiFlora, that previously applied for but were denied a medical marijuana license, take precedence over new entities that are applying for a MMTC license for the first time.”

Further, he said it’s clear “that the Department of Health has not taken any steps to effectuate the new law as it relates to implementing an application process for the new MMTC licenses. (That) further supports the fact that TropiFlora’s request for a stay of only one MMTC license can in no way act to delay enforcement of part of the new implementing law.”

The new state law grandfathers in seven existing providers, renames them “medical marijuana treatment centers” (MMTCs) and requires the Department of Health to license 10 new providers by October. The bill also allows four new MMTCs for every increase of 100,000 patients prescribed marijuana.

It limits the number of retail locations each MMTC can open to 25 across the state, and divides that cap by region. As the patient count goes up, five more locations can be opened per provider for every new 100,000 patients in the state’s Medical Marijuana Use Registry. The limits expire in 2020.

In late 2015, Tropiflora was one of the first three nurseries to move against the state over the licensing of growers of medical marijuana. San Felasco Nurseries of Gainesville and Perkins Nursery of LaBelle also filed protests.

At that time, only five licenses were awarded to grow medicinal pot, to Chestnut Hill  for the state’s northeast region, Hackney Nursery Co. (northwest region),  Knox Nursery (central), Alpha Foliage (southwest), and Costa Nursery Farms (southeast).

TropiFlora objected because four of the five licenses went to nurseries that also sat on the department’s “negotiated rulemaking” committee.

In 2014, lawmakers passed and Gov. Rick Scott signed into law a measure legalizing low-THC, or “non-euphoric,” marijuana to help children with severe seizures and muscle spasms. THC is the chemical that causes the high from pot.

A three-member panel of state officials in DOH was tasked with selecting five approved pot providers out of 28 nurseries that turned in applications.

Since then, state voters approved a constitutional amendment on medicinal cannabis last year. Lawmakers approved and Scott also signed an implementing bill, passed during a recent Special Session. It gives guidance and instructions to state agencies on how to enforce state law.

Jacksonville’s first medical marijuana dispensary represents policy progress

Wednesday morning saw Jacksonville open its first medical marijuana dispensary, as Trulieve’s storefront on Beach Boulevard opened for business.

For those following the medical marijuana debate in the city as recently as two years ago, Trulieve’s facility represents real progress, especially in contrast to other cities across the state still wrestling with zoning and other perceived impacts of these facilities.

Back in 2015, when “Charlotte’s Web” — the low-THC form of marijuana, also called “Hippie’s Disappointment” —  was a controversy, Jacksonville wrestled with those very issues. Early June saw an emergency 180-day moratorium from the City Council on the growing, processing and dispensing of “low THC marijuana, a/k/a medical marijuana.”

After public outcry, the moratorium was repealed at the second meeting in June.

A second moratorium was passed soon enough. Then the Planning Commission and the Land Use & Zoning committee worked out some useful rules for the high-CBD/low-THC marijuana … rules that exist today, even as the definition of medical marijuana has become more liberalized after the passage of Amendment 2 in 2016.

Ordinance limits dispensaries to one per city planning district, with a minimum of a mile between them, permissible in non-residential zoning areas. Rules for cultivation were also established at that point.

The difference between 2015 and 2017 was vividly illustrated Wednesday, when Trulieve opened its eighth Florida dispensary. This, said Victoria Walker, who handles community relations for the company, put a storefront within a two hour drive of everyone in Florida.

And in Jacksonville, where the company already has hundreds of patients, this is a gateway to increased access for qualified patients, Walker said, already enjoying what she calls the “largest product line” in the state of capsules, oils, vaporizer kits, and topical creams.

Essentially, everything but smokable marijuana.

Walker told us that the company’s goal was to “develop products using the whole plant,” but the company will “operate under whatever the law says.”

Walker also touched on the process in Jacksonville, which she said was a “little bit of a long process” in terms of permitting.

However, it’s a process that is now complete for the company locally — which can’t be said elsewhere.

“A lot of counties are trying to figure out the rules,” Walker said, and Trulieve has met with them.

Her thinking is that as the Trulieve model expands, residual resistance to cannabis use for therapeutic reasons will abate.

“Perception is reality,” Walker said.

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For those who remember the Jacksonville debate of 2015, there was much worry about potential decline in property values and community mores related to these dispensaries.

However, the Trulieve facility — freshly renovated, clean, accessible — is light years ahead of most of the rundown commercial properties near it, an indication that commercial cannabis, at least under the dispensary model, doesn’t necessarily have to lead to the kinds of excesses prohibitionists decry in states with full legalization.

Before the doors opened, patients were discussing the therapeutic effects of cannabis, with a thirty year old indie rock kid talking about the benefits of cannabis with a man twice his age in the queue to enter the store.

Meanwhile, there were those who had their own testimonials to the healing power of cannabis, and none was more powerful than that of 36-year-old Rosemary McKinley, a ballroom dance competitor who has been on high-THC cannabis concentrate since 2014.

McKinley’s days once were spent in an opiate haze, a pharmacological hell of Vicodin, muscle relaxers, and fentanyl.

Those days are over, she said. Since she started therapeutic cannabis, she has gained 15 pounds, and the spasms and headaches, as well as the fatigue and nausea, brought on by a tumor have become bad memories rather than recurrent impacts.

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With the power of cannabis becoming a less esoteric proposition over time, the future of cannabis is bright, said Donavan Carr, the President of NEFL NORML

“Everything takes time,” Carr said, but “if you look at other states, you get an idea of where we can go.”

Could outright legalization happen?

Carr sounded confident.

“It’s just a matter of time,” he said.

Drug Free America calls John Morgan lawsuit ‘disappointing’

John Morgan’s lawsuit against the state for not allowing medical marijuana to be smoked is “disappointing,” but “not surprising,” said the head of the Drug Free America Foundation on Thursday.

Morgan, the Orlando-based attorney and entrepreneur, backed the medical marijuana constitutional amendment that was OK’d by 71 percent of voters last year on the statewide ballot. He filed suit earlier on Thursday.

“It is obvious that the goal of the Legislature, which puts the health and safety of all Floridians first, is in clear conflict with his plans to profit from the sale of marijuana in the state,” said Calvina Fay, the foundation’s executive director, in a statement.

Morgan previously has “acknowledged a business plan to acquire an existing grower,” but avoided questions about details.

On Thursday, he sidestepped another question about his business interests in medical marijuana, saying he “wake(s) up every day in a 100-percent effort to make money, and lots of it … I’m never going to apologize for that.”

Fay said Gov. Rick Scott and lawmakers “took the responsible approach in implementing” the state’s new constitutional amendment on medical marijuana. Their legislation (SB 8-A) allows vaping and edibles, but not smoking.

“Florida (is) setting a standard that can be followed by other states seeking to make their medical marijuana programs safer and more responsible,” she added.

“While not perfect, the legislation succeeded in finding a balance that protects the public health and safety of all Floridians while allowing the legal access to marijuana that was approved by voters.”

The St. Petersburg-based foundation was founded in 1995 by former U.S. Ambassador Mel Sembler and wife Betty.

It opposes what it calls “so-called medical marijuana,” saying in part in an online position paper, “Since marijuana is not approved by the Food and Drug Administration (FDA), there is no way to determine proper dosage and potential side-effects with other medications.”

John Morgan plays hero to the ’71 percenters’

“Compassionate capitalist” John Morgan came to Tallahassee Thursday morning, holding court for the cameras soon after he sued the state over not allowing medical marijuana to be smoked.

Pay no attention to the fact that Morgan had electronically filed his lawsuit an hour before: It was about speaking to and “for the people.”

“Today is a day that should not have been necessary,” he said outside the Leon County Courthouse. “The people of Florida knew exactly what they were voting on … the vast majority, if not 100 percent, knew that smoke was included.”

Morgan, the Orlando-based attorney and entrepreneur, backed the medical marijuana constitutional amendment that was OK’d by 71 percent of voters last year on the statewide ballot.

“I’m right, and 71 percent of the people of Florida know I’m right,” he said. He also plans to add more marijuana-using patients as plaintiffs, including people suffering from Lou Gehrig’s disease.

Lawmakers recently approved and Gov. Rick Scott signed into law an implementing bill (SB 8-A) for the amendment that does not allow medicinal marijuana to be smoked.

House Republican Leader Ray Rodrigues, who sponsored the implementing bill during both the Regular Session and Special Session, has said “we don’t believe you smoke medicine.” Edibles and “vaping” are permitted, however.

““We believe that smoking causes as much harm as the benefits, particularly when we’re offering vaping, which provides all of the benefits and none of the harm,” he said last month.

Morgan slammed the Estero state representative, a budget manager at Florida Gulf Coast University, calling him a “bean counter.”

“Do the Ray Rodrigueses of the world know better than doctors?” Morgan said, shooing gnats from his face in Tallahassee’s 86-degree morning heat.

He also mentioned a conversation he had last year with a county sheriff, who was concerned about medicinal cannabis users lighting up in coffee shops.

“I’m like, ‘Dude, you can’t smoke cigarettes in Starbucks (as it is). What are you talking about?’ ” Morgan said.

He was on shakier footing when reporters asked why his amendment didn’t make clear that it contemplated allowing the smoking of medical marijuana. Morgan explained he included such language in an “intent statement,” but not in the text of the amendment.

The amendment says “(n)othing in this section shall require any accommodation of any on-site medical use of marijuana in any correctional institution or detention facility or place of education or employment, or of smoking medical marijuana in any public place.”

He analogized the situation to a pool sign that says, “No swimming without lifeguard on duty.” It’s implied that when there’s a lifeguard around, swimming is allowed, he said.

Right, but why not make it crystal clear? he was asked.

“It speaks for itself,” he said. “Now, if you can’t figure it out, I can’t help that.”

The full press availability can be viewed in a Periscope clip below:

John Morgan’s suit says smoking pot actually good for the lungs

Medical marijuana advocate John Morgan says cannabis smoking doesn’t “impair lung function” and even “increase(s) lung capacity,” as part of his lawsuit to be filed against the state Thursday.

Florida Politics on Wednesday night acquired a copy of the 15-page complaint that Morgan says he will file in Leon Circuit Civil court in Tallahassee—against which a leading House Republican has already said the state will prevail.

Morgan, the main backer of the marijuana amendment that passed last year, has said he would sue because lawmakers did not allow medicinal marijuana to be smoked. The named plaintiff, People United for Medical Marijuana, seeks a declaratory judgment allowing such cannabis to be lit and inhaled.

He cited a “study published in the Journal of the American Medical Association in 2012” to back up his lung health claim, and added that “despite decades of marijuana being … smok(ed) in the United States, there have been no reported medical cases of lung cancer or emphysema attributed to marijuana.”

Lawmakers recently passed an implementing bill (SB 8-A) for the amendment that did not allow medicinal marijuana to be smoked. An implementing bill gives guidance and instructions to state agencies on how to enforce state law.

“We believe we will win (a) lawsuit,” said House Majority Leader Ray Rodrigues of Estero. He sponsored the House’s version of the implementing bill during both the Regular Session and Special Session this year.

Under the bill, edibles and “vaping” are allowed, but smoking is banned.

“We don’t believe you smoke medicine,” Rodrigues said last month. “We believe that smoking causes as much harm as the benefits, particularly when we’re offering vaping, which provides all of the benefits and none of the harm.”

But Morgan’s suit says the legislative intent of the bill clashes with voter intent expressed in the amendment. The medical cannabis constitutional amendment passed last year with just over 71 percent of statewide voters approving the measure.

For example, a doctor may determine that smoking marijuana gives a particular patient the best benefit of the drug.

By “redefining the constitutionally defined term ‘medical use’ to exclude smoking, the Legislature substitutes its medical judgment for that of a licensed Florida physician and is in direct conflict with the specifically articulated Constitutional process,” the suit says.

Moreover, since the amendment “does not require that the smoking of medical marijuana be allowed in public,” that means “that smoking medical marijuana in a private place in compliance with the provisions of the amendment is legal.”

Morgan wants a judge to fund that any provision banning smoking is “unenforceable,” and seeks reasonable attorneys’ fees and costs.”

The suit names the state, the Department of Health, state Health Secretary and Surgeon General Celeste Philip, Office of Medical Marijuana Use Director Christian Bax, the state Boards of Medicine and Osteopathic Medicine, and their respective chairs, James Orr and Anna Hayden.

Morgan founded the Morgan & Morgan personal-injury law firm in Orlando. His smiling face is recognizable from ubiquitous billboards, television commercials and even bus advertisements across the state.

John Morgan gets ‘ready to rumble’ on no-smoke medical pot

Orlando attorney and entrepreneur John Morgan says he will make good on his threat to sue the state over this year’s implementation bill for medical marijuana because it doesn’t allow such cannabis to be smoked.

“Heading to Tally in the morning to file suit against the state on behalf of the citizens & patients of Florida!!” he tweeted Wednesday afternoon, adding the hashtag #NoSmokeIsAJoke.

He also included a GIF showing boxing ring announcer Michael Buffer and his trademarked catchphrase, “Let’s get ready to rumble!”

A press conference is planned between 9 and 9:30 a.m. outside the Leon County Courthouse, he added.

Morgan, the main backer of the marijuana amendment that passed last year, has said he would sue because lawmakers would not allow medicinal marijuana to be smoked.

“It was part of my amendment,” he said last month. The amendment refers to allowing cannabis to be smoked only indirectly, however.

It says in one section, for instance, the state can’t “require any accommodation of any on-site medical use of marijuana in any correctional institution or detention facility or place of education or employment, or of smoking medical marijuana in any public place.”

The amendment also uses the state law definition of marijuana that includes “every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds or resin,” seeming to suggest smokeable cannabis is allowed. 

The 2017 Legislative Session ended without a bill to implement the state’s medical marijuana constitutional amendment. An implementing bill gives guidance and instructions to state agencies on how to enforce state law.

Lawmakers wound up coming up with legislation during a later Special Session.

Gov. Rick Scott approved both a bill (SB 8-A) that implements the state’s medical marijuana constitutional amendment, passed by voters last year, and a companion measure (SB 6-A) that exempts caregivers’ personal information from public disclosure. Both went into effect immediately.

The medical cannabis constitutional amendment passed with just over 71 percent of statewide voters approving the measure.

Florida Department of Health files rules for new medical marijuana law

Florida health officials have announced new statewide medical marijuana rules.

Lobby Tools reports Monday that the newly renamed Office of Medical Marijuana Use at the Florida Department of Health published its Notice of Adoption to carry out legislation passed during the 2017 special session.

The emergency rulemaking process was authorized under SB 8A, which sought to implement the constitutional amendment passed in 2014, and exponentially grow Florida’s medical marijuana market beyond what was originally approved.

 “This will enable the department to quickly implement the time-sensitive requirements of the legislation,” spokesperson Mara Gambineri said in an email Monday. “Following emergency rulemaking, the Department is committed to working collaboratively with the public through traditional rulemaking to establish a patient-centered medical marijuana program.”

Opponents, like state Sen. Jeff Brandes, said the bill created a regulated “state-sanctioned cartel.”

SB 8A allows medical marijuana to be used for the treatment of additional illnesses, including HIV and AIDS, glaucoma, post-traumatic stress disorder, ALS, Crohn’s disease, Parkinson’s disease, multiple sclerosis and similar conditions.

Bills passed in 2014 and 2016 limited the conditions to epilepsy, chronic muscle spasms, cancer and terminal conditions.

The 2017 law bans smoking medical marijuana but does allow vaping, edibles, oils, sprays and tinctures. Orlando attorney and Democratic activist John Morgan, who was behind the constitutional amendment allowing medical marijuana, argues that smoking was part of his amendment. Morgan plans to sue the state.

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